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MINING AND BUILDING CONTRACTORS LIMITED V. ANGLOGOLD ASHANTI GHANA LIMITED

(2016) JELR 65791 (SC)

Supreme Court  •  CIVIL APPEAL NO. J8/68/2016  •  19 May 2016  •  Ghana

Coram
YAW APPAU JSC SITTING AS A SINGLE JUSTICE OF THE SUPREME COUR

Appearances
NANA ATO- DADZIE ESQ. WITH HIM SMORA CANN FOR THE APPLICANT; ACE ANAN ANKOMAH ESQ. WITH HIM KOW ESSUMAN ESQ. FOR THE RESPONDENT.

Judgement
<h2 class="ql-align-center">JUDGEMENT</h2><p><strong>APPAU, JSC.</strong></p><p>On 28<sup>th</sup> April 2016, I refused an application filed in this Court by the plaintiff/respondent/applicant (hereinafter referred to simply as applicant), for special leave to appeal to this Court against the judgment of the Court of Appeal dated 17<sup>th</sup> December, 2015. The application, which was filed on 21<sup>st</sup> March, 2016, was brought under article 131(2) of the Constitution, 1992. I exercised that jurisdiction as a single justice of the Supreme Court, vide article 134 of the Constitution, 1992. The article in question provides:</p><blockquote>โ€œA single justice of the Supreme Court may exercise power vested in the Supreme Court not involving the decision of the cause or matter before the Supreme Court, except that โ€“ </blockquote><blockquote>(a) in criminal matters, where that justice refuses or grants an application in the exercise of any such power, a person affected by it is entitled to have the application determined by the Supreme Court constituted by three justices of the Supreme Court; and</blockquote><blockquote>(b) in civil matteโ€ฆ</blockquote>

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